870
meanors.
THE HONGKONG GOVERNMENT GAZETTE, 24TH JUNE, 1865.
Abettors in Offences punishable on Sunama- ry Conviction.
Perse
Abettors in Misde- or without Hard Labour, and with or without Solitary Confinement;--and every
who shall aid, abet, counsel, or procure the Commission of any Misdemeanor punishat. under this Ordinance shall be liable to be indicted and punislied as a principal Offende 82. Whosoever shall aid, abet, counsel, or procure the Commission of any
Offline. which is by this Ordinance punishable on Summary Conviction, either for every Tim. of its Commission, or for the First and Second Time only, or for the First Time only. shall, on Conviction before a Police Magistrate, be liable, for every First, Second, subsequent Offence of aiding, abetting, counselling, or procuring, to the same Forfeiture and Punishment to which a Person guilty of a First, Second, or subsequent Offence as a principal Offender is by this Ordinance made liable.
The Owner of stolen
Thief or Receiver to
Restitution ofhis Pro- perty.
Provision as to valuable and negoti- able Securities.
As to Restitution and Recovery of stolen Property :-
83. If any Person guilty of any such Felony or Misdemeanor as is mentioned in Property prosecuting this Ordinarce, in stealing, taking, obtaining, extorting, embezzling, converting, or Conviction shall have disposing of, or in knowingly receiving, any Chattel, Money, valuable Security, or other
Property whatsoever, shall be indicted for such Offence, by or on the Belialf of th Owner of the Property, or his Executor or Administrator, and convicted thereof, in such Case the Property shall be restored to the Owner or his Representative; and in every Case in this Section aforesaid the Court before whom any Person shall be tried for any such Felony or Misdemeanor shall have Power to order the Restitution therei in a summary Manner: Provided, that if it shall appear before any Award or Order made that any valuable Security shall have been bona fide paid or discharged by som Person or Body Corporate liable to the Payment thereof, or being a negotiable Instrument shall have been bond fide taken or received by Transfer or Delivery, by some Person or Body Corporate, for a just and valuable Consideration, without any Notice or without any reasonable Cause to suspect that the same had by any Felony or Misdemeanor been stolen, taken, obtained, extorted, embezzled, converted, or disposed of, in such Case the Court shall not award or order the Restitution of such Security: Provided Prosecution of Trus- also, that nothing in this Section contained shall apply to the Case of any Prosecution of any Trustee, Banker, Merchant, Attorney, Factor, Broker, or other Agent intrusted with the Possession of Goods or Document of Title to Goods for any Misdemeanor against this Ordinance.
Not to apply to
tees, &c.
Taking a Reward for
ry of stolen Property
Offender to Trial.
***
84. Whosoever shall corruptly take any Money or Reward, directly or indirectly, belping to the Recove- under Pretence or upon Account of helping any Person to any Chattel, Money, valuable without bringing the Security, or other Property whatsoever which shall by any Felony or Misdemeanor have been stolen, taken, obtained, extorted, embezzled, converted or disposed of, as in this Ordinance before mentioned, shall (unless he shall have used all due Diligence to cause the Offender to be brought to Trial for the same,) be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Seven Years and not less than Three Years,- or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping.
Advertising a Re-
85. Whosoever shall publicly advertise a Reward for the Return of any Property ward for the Return whatsoever which shall have been stolen or lost, and shall in such Advertisement use of Stolen Property.
any Words purporting that no Questions will be asked, or shall make use of any Word in any public Advertisement purporting that a Reward will be given or paid for any Property which shall have been stolen or lost, without seizing or making any Inquiry after the Person producing such Property, or shall promise or offer in any such pub Advertisement to return to any Pawnbroker or other Person who may have bought advanced Money by way of Loan upon any Property stolen or lost the Money so pl or advanced, or any other Sum of Money or Reward for the Return of such Property or shall print or publish any such Advertisement, shall forfeit the Sum of Two Hundre and Fifty Dollars for every such Offence to any Person who will sue for the same by Action of Debt, to be recovered, with full Costs of Suit.
A Person commit- ting an Offence may
out Warrant.
As to Apprehension of Offenders, and other Proceedings:-
86. Any Person found committing any Offence punishable, either upon Informati he apprehended with or upon Summary Conviction, by virtue of this Ordinance, may be immediats
apprehended without a Warrant by any Person, and forthwith taken, together with Property, if any, before a Police Magistrate, to be dealt with according to Law; and U: credible Witness shall prove upon Oath or Declaration before a Police Magistrate a ro able Cause to suspect that any Person has in his Possession or on his Premises Prop whatsoever on or with respect to which any Offence, punishable either upon Informati's
any